S837. Misbranding- of Kellogg's Sanitone Wafers. TJ. S. * * * v. 113?
Packages of Kellogji's Sanitone Wafers. Default decree of con??
demnation, forfeiture, and destruction. (F. & D. No. 13298. I. S. No.?
7574-t.     S. No.  E-2577.)
On August 24, 1920, the United States attorney for the Eastern District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 112 packages of Kellogg's Sanitone Wafers, remaining unsold?
in the original unbroken packages at Philadelphia, Pa., alleging that the article
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had been shipped on or about May 5, 3919, from Battle Creek, Mich., by the?
F. J. Kellogg Co., and charging misbranding under the Food and Drugs Act, as?
amended. The article was labeled in part: (Circular containing "The uses of?
Chromium Sulphate in Medicine") " We recommend and advise you to give?
Kellogg's Sanitone Wafers a fair, persistent trial in any of the diseases or?
troubles mentioned in the above article." (These are, among others, cystitis,?
prostatic enlargements, uterine fibroid tumors, herpes preputialis, cirrhosis of?
the female breast, castration, menopause, functional impotency in men, chronic?
alcoholism, nervous vomiting and vomiting in pregnancy, neurasthenia, loco??
motor ataxia, exophthalmic goiter, and locomotor ataxia) "Results from this?
salt" (chromium sulphate) "are speedy and striking. In * * * neuras??
thenia it deserves the unique position of being the only drug which is curative
*?* * Locomotor ataxia is curable with chromium sulphate * * *?
Wafers have Chromium Sulphate for their chief ingredient."
Analysis of a sample of the product by the Bureau of Chemistry of this?
department showed that the pills consisted essentially of salts of iron and?
chromium, capsicum, a trace of strychnine, and a laxative plant drug.
Misbranding of the article was alleged in the libel for the reason that the?
above-quoted statements, regarding the curative and therapeutic effects of the?
article, appearing in the labeling, were false and fraudulent as the article?
contained no ingredient or combination of ingredients capable of producing the?
effects claimed.
On September 14, 1920, no claimant having appeared for the property, a?
default decree of condemnation, forfeiture, and destruction was entered, and?
it was ordered by the court that the product be destroyed by the United States?
marshal.
E. D. BALL, Acting Scactary of Agriculture.